But the sheriff raised significant doubts about the DA's conclusions in a civil complaint that asks the court to determine Anderson's inquiry was insufficient and violated Rivero's constitutional rights.

"I did not have the opportunity to confront or examine witnesses contending that I was untruthful during the 2008 investigation," Rivero stated in a written declaration. "Instead, Mr. Anderson unilaterally made the decision on an informal basis."

Anderson's findings and Rivero's criticisms of the DA's investigative process came to light after Judge William P. Lamb ruled Monday that all documents associated with the case thus far should be filed as part of the court's public records.

Attorney Ryan R. Jones, who represents Rivero, asked the judge to seal the materials and to preclude the public from attending court hearings in the case.

But Lamb, a retired Butte County judge assigned to preside over the matter, denied the request, calling Rivero's lawsuit, "Just the very kind of case where public access should be required."

The judge then denied the sheriff's request for an order to show cause for preliminary injunction and a temporary restraining order to prevent Anderson from discussing his findings.

It is now up to Rivero to decide how the lawsuit should proceed, which could include filing a motion for a preliminary injunction. There are no future court dates set for the case.

Rivero declined to comment after Monday's hearing, deferring inquiries to his attorney. A voicemail left for Jones was not returned as of press time.

Anderson's final report was among the documents placed in the public court file Monday afternoon.

The DA said he turned over his findings to the sheriff Feb. 19 -- the five-year anniversary of the underlying incident.

Deputies were trying to conduct a welfare check on a convicted felon in Whispering Pines Feb. 19, 2008 when the man brandished something. Rivero, then a Lake County Sheriff's Office (LCSO) deputy, reportedly fired a single shot that did not injure the suspect.

Sheriff's officials and the DA's Office investigated the incident at the time, and no criminal charges were filed against Rivero, who was elected sheriff in November 2010.

Anderson, also elected to a first term in 2010, said former LCSO deputy Michael Sobieraj contacted his office in March 2011 and claimed Rivero was untruthful during the 2008 shooting inquiry, according to court records.

Sobieraj and two other witnesses claimed Rivero knew the suspect was holding a can of pepper spray while the sheriff told investigators he couldn't tell what was in the man's hand, according to Anderson's report.

After an inquiry that spanned nearly two years, the DA ultimately concluded Rivero "did not tell the truth and made material misrepresentations to investigators" after the 2008 shooting, according to court records.

The sheriff has publicly denied allegations of untruthfulness.

The DA contended if Rivero lied, that information would have to be disclosed to criminal defendants in prosecutions in which Rivero could be a witness, under the case of Brady v. Maryland. Such details could be used to question an officer's credibility.

"I don't think there's a good police officer out there that doesn't agree with the concept that all law enforcement officers have to be honest when they get on the stand," Anderson, who worked as an LCSO deputy for 15 years, said.

In his lawsuit, Rivero alleges Anderson's "Brady investigation" violated his rights to due process and privacy. The sheriff asks, in part, for the chance to participate in a hearing during which he could cross-examine witnesses who said he was untruthful.

"(Anderson) has arrogated to himself unbridled and unreviewable discretion in placing an officer on the 'Brady list' and, in his policies and practice, has failed to comport with minimum applicable standards of due process," Jones wrote in the complaint.

Jeremy Walsh is a staff reporter for Lake County Publishing. Reach him at 263-5636, ext. 37 or jwalsh@record-bee.com. Follow him on Twitter, @JeremyDWalsh.